Someone recently asked Cooler Planet whether homeowner associations (HOA) or condominium associations could thwart an individual’s efforts to install a solar electric or solar thermal system.
Several states have explicit laws that override local covenants, conditions, or restrictions (CCR) that a homeowner association might create regarding the installation of photovoltaic or solar hot water systems. These states include Arizona, California, Colorado, Florida, Hawaii, Maryland, North Carolina, and New Jersey. (There are a handful of others, check www.dsireusa.org for the status within your state.)
Other states may not have a specific law on the books, yet have related laws or precedents that would make it difficult for an HOA to interfere. For example, in Oregon a statute regarding property rights addresses solar access and prohibits restrictions on the use of solar energy systems.
Many in the industry believe it would be hard for a homeowner association to win if such a challenge faced a court – particularly in today’s economy where energy prices have risen and public awareness about climate change and carbon emissions has increased. Few believe a court would deny an individual the right to install a solar energy system.
An article featured in July/August 2008 edition of Solar Today describes how a couple installed solar photovoltaic panels for their condominium. Sarah Lonanova and her husband live in Chicago. Their condo association approved the plan and asked the couple to install the system in such a way to minimize disruptions to the building and impact on residents.
Thus Lonanova and her husband had the contractor mount the photovoltaic panels on a moveable and adjustable mount. Instead of connecting the panel mounts directly to the roof membrane they are held in place with concrete weights. That way they can be moved when necessary for building maintenance. (The panels can also be adjusted to optimize performance.)
In addition to using adjustable mounts, the wiring followed the existing conduit along the back of the building. The systems’ components – the inverter, electric panel, and DC disconnect – were installed inside the couple’s apartment. (The AC disconnect is outside due to the local utility’s regulations.) These measures mitigated any potential objections concerning building aesthetics from neighbors and kept all the additional components inside Sarah Lonanova’s own home.
Local ordinances and building codes also factor into how a system can be installed. It’s always prudent to talk with local building officials and neighbors, and be aware of CCRs and related local and state codes. The Department of Energy’s Energy Efficiency and Renewable Energy Office publishes several guidelines that may be of assistance as well.
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Thanks a bunch for reading! We are hear to share what we know, and more importantly what we think needs to happen to break solar into the limelight.